Chapter 2.48 — DISASTER RELIEF

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of the emergency conditions referred to in this chapter; the direction of the disaster organization and the coordination of the disaster functions of the city with the county and with all other public agencies, corporations, organizations and affected private persons. (Ord. 116 § 1.1, 1976)

As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, regular personnel, equipment and facilities of the city and which may require the combined forces of other political jurisdictions to combat.

Other terms used in this chapter shall have meanings as used in the California Emergency Services Act.

(Ord. 116 §§ 2.1, 2.2, 1976)

It shall be the duty of the disaster council, and it is empowered, to cause to be developed and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman, or in his absence from the city or inability to call such a meeting, upon the call of the vice-chairman. (Ord. 116 § 3.1, 1976)

The city disaster council consists of the following persons:

• A. Mayor, who shall be its chairman;

• B. Mayor pro-tempore, who shall be its vice chairman;

• C. Remaining city councilmembers;

• D. The city manager, who shall be secretary.

• (Ord. 116 § 3.2, 1976; Ord. 758 § 1, 1994)

The disaster council shall have power to do the following:

• A. Elect a vice-chairman and such other officers as it may deem necessary;

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• B. Enact its own rules and procedures;

• C. Review and recommend for adoption by the city council disaster and mutual aid plans and agreements.

• (Ord. 116 § 3.3, 1976)

The county of Riverside will make up the operational area for the coordination of emergency activities and serve as a link in the communications system between the state's emergency operation centers and the local operation centers. The city shall participate in the organization and functioning of the operational area under the direction of the county as lead agency. (Ord. 116 § 4.1, 1976; Ord. 758 § 2, 1994)

The city office of emergency services shall prepare plans and provide emergency management coordination of the city's emergency plan for all city departments and contract agencies to the city. The office of emergency services shall be under the direction of the city's emergency services coordinator.

(Ord. 116 § 4.2, 1976; Ord. 758 § 3, 1994)

In accordance with Government Code Section 8607, the city shall utilize the standardized emergency management system, as established by the state office of emergency services, to coordinate multiple agency operations.

(Ord. 758 § 6, 1994)

A Palm Desert emergency corps shall be activated and shall function as a disaster relief body only:

• A. Upon the existence of a state of war emergency;

• B. Upon the declaration by the Governor of the state, or of persons authorized to act in his or her stead, of a state of emergency, affecting and including the city;

• C. Upon the declaration of a local emergency by the city council or by persons authorized in this chapter to act in its stead;

• D. When affirmative response is made to the county to join in a local emergency declared by the county.

• (Ord. 116 § 5.1, 1976)

• A. A local emergency may be declared for good and sufficient reason by the city council, or if the city council is not in session, by:

  1. City manager;

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City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

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§ 2.48.110

2. Risk manager;

3. Director of public works;

4. Director of finance;

5. Director of building and safety;

6. Director of community development;

7. Director of housing;

8. Director of economic development;

9. Director of special programs;

10. City clerk.

• B. Whenever a local emergency is proclaimed by other than the city council, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

• (Ord. 116 § 5.2, 1976; Ord. 758 § 4, 1994; Ord. 1253 § 1, 2013)

To provide for the continuance of the legislative and executive departments of the city during an emergency, the city council shall by resolution appoint the following standby officers:

• A. Three for each member of the city council;

• B. Three for the city manager.

The city council shall make such appointments in accordance with state law. The city council shall also provide for the succession of department heads having duties in the maintenance of law and order or in the furnishing of public services relating to health and safety.

• (Ord. 758 § 7, 1994)

The council shall review, at least every fourteen days, until the local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of the local emergency at the earliest possible date the conditions warrant. (Ord. 116 § 5.3, 1976)

The city manager shall be emergency corps commander. In the absence or inability of the city manager to act, he or she shall automatically be succeeded as emergency corps commander by any of the following officials in the order named:

• A. Risk manager;

• B. Director of public works;

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• C. Director of finance;

• D. Director of building and safety;

• E. Director of community development;

• F. Director of housing;

• G. Director of economic development;

• H. Director of special programs;

• I. City clerk.

• (Ord. 116 § 5.4, 1976; Ord. 758 § 5, 1994; Ord. 1253 § 1, 2013)

During a declared emergency affecting the city, the emergency corps commander shall, to the extent he or she deems necessary, have complete authority over all agencies of the city government and the right to exercise within the area designated all police powers vested in the city by the constitution and laws of the state in order to effectuate the purpose of this chapter. He or she may direct all agencies of the city government to utilize and employ city personnel, equipment, and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the emergency. Any agencies so directed by the emergency corps commander may expend any of the moneys which have been appropriated to it in performing such activities irrespective of the particular purpose for which the money was appropriated. Any expenditures made in connection with emergency activities, including mutual aid activities, are deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. Reimbursements will be made to any city budgeted function for expenditures incurred if the funds of that function are subject to constitutional restrictions which would normally prohibit their use for such purposes. (Ord. 116 § 5.5, 1976)

In addition to the powers granted in Section 2.48.120, the emergency corps commander shall have such powers incidental to the performance of his or her duties as the commander as may be necessary to allow him or her to carry out the emergency operations plan of the city, it being the intent that the enumerated powers in this chapter are not intended to be limitations upon his or her powers.

(Ord. 116 § 5.6, 1976)

During the existence of a declared emergency affecting the city, the council shall be considered to be in continuous session.

(Ord. 116 § 6.1, 1976)

During a declared emergency the council may promulgate orders and regulations necessary to provide for the protection of life and property including orders or regulations imposing a curfew

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City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

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within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations shall be in writing and shall be given widespread publicity and notice. (Ord. 116 § 6.2, 1976)

The city shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of any employee of the city in carrying out the provisions of this chapter.

(Ord. 116 § 7.1, 1976; Ord. 138 § 1, 1976)

Volunteers duly registered with the city disaster council or unregistered persons duly pressed into service during any declared emergency affecting the city in carrying out, complying with, or attempting to comply with, any order or regulation issued pursuant to the provisions of this chapter while performing any of their authorized functions or duties shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the city.

(Ord. 116 § 7.2, 1976)

It is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months or both for any person during a disaster:

• A. To wilfully obstruct, hinder, or delay any member of the city emergency corps in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter or in the performance of any duty imposed upon them by virtue of this chapter;

• B. To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil life or property or to prevent, hinder or delay the defense or protection of persons or property;

• C. To wear, carry or display without authority any means or identification specified by the civil defense and/or disaster agencies of the federal or state governments.

• (Ord. 116 § 8.1, 1976)

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City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

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§ 2.52.110